UMMAID ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Chief Judicial Magistrate. Agra, having received information by a report dated 21st September, 1974, that the applicant has written a book by which he was intentionally dissiminating such matter as is punishable under Section 153-A and Section 256-A Cr.P.C. and being of the opinion that there is sufficient ground, proceeded to take action under Section 108/111 Cr. P.C. The applicant being present in court the notice dated on 1st October, 1974, was read and explained to him as contemplated under Section 112 Cr.P.C. He was required to show cause as to why he should not execute a bond of Rs. 100.00 with two sureties of like amounts for good behavior for a period of one year. It is not clear what happened thereafter for a period of nearly 11 months although on 10th October, 1974, was fixed for prosecution evidence. The case appears to have been transferred to the Judicial Magistrate and he recorded the statement of the applicant under Section 251-A Cr.P.C. on 15th August, 1975. It is clear from his order that no prosecution evidence was recorded till then.

(2.) AN application was filed on 22nd August, 1975, on behalf of the applicant that the proceedings under Section 108 Cr.P.C. be dropped. This application was rejected on 31st August, 1975, on two grounds, firstly that the enquiry started with the recording of the plea of opposite party and since this was done on 15th August, 1975, the period of six months prescribed under Section 116 (6) had not expired. Secondly he was of the opinion that even if it be held that inquiry commenced with the giving of notice under Section 111/112 Cr.P.C. there existed special reasons for not terminating the inquiry.

(3.) IN order to decide the first question it is necessary to quote Section 116 f6) Cr.P.C. It reads as under :